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Summary Judgment Order Kristen Saban

Summary Judgment Order Kristen Saban

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Published by acarter3187
Details of the Kristen Saban lawsuit
Details of the Kristen Saban lawsuit

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Published by: acarter3187 on Feb 19, 2014
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02/19/2014

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 AlaFileE-Notice
To:HAYESJOSHUAPATRICK jhayes@princelaw.net
63-CV-2012-900538.00
Judge:JAMESH.ROBERTSJR.
NOTICEOFELECTRONICFILING
INTHECIRCUITCOURTOFTUSCALOOSACOUNTY,ALABAMA
ThefollowingmatterwasFILEDon2/19/201411:10:02AM
SARAHELLENGRIMESV.KRISTENSABAN63-CV-2012-900538.00
NoticeDate:2/19/201411:10:02AM
MAGARIAHAMNERBOBOCIRCUITCOURTCLERK
TUSCALOOSACOUNTY,ALABAMATUSCALOOSA,AL35401205-349-3870magaria.bobo@alacourt.gov714GREENSBOROAVENUE
 
IN THE CIRCUIT COURT OF TUSCALOOSA COUNTY, ALABAMA
GRIMES SARAH ELLEN,)Plaintiff,))V.)Case No.: CV-2012-900538.00)SABAN KRISTEN,)Defendant.)
ORDER 
This matter came before the Court for hearing on the Defendant’s Motion for Summary Judgment on January 21, 2014. The Court having considered the Motion and Plaintiff’s Response, the Depositions of the parties, affidavits of witnesses, other evidentiary submissions and the arguments of counsel, and giving the Plaintiff the benefit of all reasonable inferences, hereby finds as follows:
Law
The Supreme Court explained the elements of assault and battery in Harper v. Winston County, 892 So.2d 346, 353-354 (Ala. 2004): The plaintiff in an action alleging assault and battery must prove (1) that the defendant touched the plaintiff; (2) that the defendant intended to touch the plaintiff; and (3) that the touching was conducted in a harmful or offensive manner. Alabama’s self defense law is found in Section 13A-3-23 of the Code of Alabama. Section 13A-3-23(a) provides that “A person is justified in using physical force upon another person in order to defend himself or herself … from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he may use a degree of force which he or she reasonably believes to be necessary for the  purpose.”Section 13A-3-23(b) of the Code of Alabama further provides that
 
ELECTRONICALLY FILED2/19/2014 11:10 AM63-CV-2012-900538.00CIRCUIT COURT OFTUSCALOOSA COUNTY, ALABAMAMAGARIA HAMNER BOBO, CLERK
 
“A person who is justified under subsection (a) in using physical force … and who is not engaged in an unlawful activity and is in a place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground.”Finally, section 13A-3-23(d) reads “A person who uses force … as justified and permitted in this section is immune from … civil action for the use of such force …”Therefore, under Alabama’s “Stand Your Ground Law”, a person who was not the original aggressor, who reasonably believes that he or she is in imminent danger of unlawful  physical force by another person, and is in a place he or she has the legal right to be does not have to retreat and is justified in using physical force to defend themselves so long as he or she uses that degree of force he or she reasonably believes is necessary for that purpose.
Summary Judgment Standard
Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Once the movant meets this burden, the burden then shifts to the nonmovant to rebut the movant's prima facie showing by substantial evidence. Substantial evidence is evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved.
Findings
In the early morning hours of August 29, 2010, the Plaintiff and the Defendant, along with some mutual girlfriends, returned to the Defendant’s apartment after a night of socializing at a local bar. As they sat in the kitchen discussing the night’s events, an argument ensued between the Plaintiff and the Defendant, which prompted the Defendant to leave the room, go upstairs to her bedroom, and lock her door.

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